COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Nelson Alberto Hernandez v. The State of Texas Appellate case number: 01-16-00755-CR Trial court case number: 2095445 Trial court: County Criminal Court at Law No. 8 of Harris County Party filing motion: The State of Texas The State’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3.

Judge’s signature: /s/ Russell Lloyd Acting Individually  Acting for the Court Panel consists of Justices Jennings, Keyes, and Lloyd.

Justice Keyes, dissenting from the denial of rehearing with a separate opinion.

Date: September 20, 2018